Our Policies

Get to know PlaceArt legal terms and policies

This Website is owned by Big Motion Studio, LLC, a Florida limited liability company, d/b/a “PlaceArt,” with its principal office located at 1680 W. 33RD Place, Hialeah, FL 33012 (also referred to as “PlaceArt”). Your use of this Website, placeart.app (or the “Website”), is your acknowledgement that you understand, and agree to be bound by the terms here set forth herein (the “Terms of Use”). PlaceArt reserves the right to modify these terms from time to time without otherwise providing notice, and your continued use of the Website thereafter will constitute agreement with such modifications. The materials on this Website may not be current. Some links within this Website may lead to other sites. PlaceArt does not necessarily endorse, sponsor or otherwise approve of any third-party content that may be accessed through this Website.

Intellectual Property

PlaceArt claims a copyright to the material on this Website. All the material in this Website (the “Material”), which includes without limitation, the information, organization, graphics, design, compilation, images, videos, graphics, writings, audios, magnetic translation, digital conversion and other matters related to the Website, are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by any such Material is strictly prohibited. You cannot acquire ownership rights to any Material viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such Material. Some of the content on the Website may be the copyrighted work of third parties and used by PlaceArt under license.

Any unauthorized use of our Material outside our License is strictly prohibited. Any unauthorized use of any Material may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. PlaceArt monitors the use of its intellectual property may seek legal action against any infringing parties.

Digital Millennium Copyright Act (DMCA) Notice

PlaceArt respects the rights of other copyright holders. If you believe your copyright is being infringed, PlaceArt will respond to notices of alleged infringement submitted in accordance with 17 USC §512(c)(3).

Notice may be sent by email to [email protected].

Limitation of Liability

Although PlaceArt makes reasonable efforts to keep the information on this Website accurate, complete and up-to-date, please understand that laws, regulations, other legal authorities and other information change quickly and may not be fully reflected on this Website without delay. PlaceArt will not be responsible for any damage or loss related to the inaccuracy, incompleteness, lack of timeliness or unsuitability of the information. PlaceArt makes no warranties, representations or claims of any kind with respect to any of the information on this Website. PlaceArt assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or material on this Website. Under no circumstance shall PlaceArt or any of its representatives, officers, employees or agents involved in the creation or delivery of the material on this Website be liable to you or anyone else as a result of damages from your access or use of material on this Website.

Indemnification

You agree to defend, indemnify and hold harmless PlaceArt, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Website, your breach or alleged breach of the Website’s Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Website’s Material, or your violation of any rights of another.

Use of Website

You are hereby notified that the owners of the e-mail addresses published on this Website do not wish to receive, and you are prohibited from sending unsolicited commercial e-mail messages for services or products. You are prohibited from attempting to interfere with the proper function of this Website. You are prohibited from forging any email addresses. You are prohibited from framing any content of this Website. You are responsible for all damages and costs resulting from these actions in any way and from any illegal actions involving the Website whether or not specified here. If you have any questions about the obligations set forth, you should contact PlaceArt directly, at the email address below.

You may not use the Website in connection with any commercial activity or for financial gain unless PlaceArt has given its written consent to such use. Any use of the Website to collect visitor's email addresses, by electronic or other means, for the purpose of sending unsolicited commercial email, spam or computer viruses is an unauthorized use of the Website. PlaceArt reserves the right to undertake legal action for any illegal and/or unauthorized use of the Website.

We do not receive or store credit card information on our servers. We receive a transaction “token” and a one-time use ID number so we can validate that the transaction has been successfully completed.

When you submit sensitive information via the Sites, all information is protected both online and offline. However, due to the nature of the Internet, PLACEART cannot and does not ensure, guaranty, or warrant the security of any information transmitted to us or through our Website. Submitting any information to us through our website is done at your own risk.

PLACEART DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE OR THE ONLINE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT PLACEART MAY DISABLE THE WEBSITE INDEFINITELY OR PERMANENTLY WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. THE USE OF THE WEBSITE IS PROVIDED “AS IS” AND “WHEN AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PLACEART DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLACEART DOES NOT GUARANTEE, REPRESENT, OR WARRANT THE QUALITY, MERCHANTABILITY, FITNESS, APPROPRIATENESS, SAFETY OR NECESSITY OF THE USE OF THIS WEBSITE. PLACEART FURTHER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT.

Without limiting the generality of the paragraphs above, you further understands and agrees that PlaceArt does not warrant or represent that the Website will be free from any defects, errors, corruption, viruses, interference, hacking, or other security intrusion, and PlaceArt disclaims, and you assume, any and all liabilities relating thereto

Privacy Policy

a. Data Collection.

PlaceArt collects information that you provide to us under various circumstances. That information may include your name, address, e-mail address, telephone number and any other information you provide or display in that circumstance.

PlaceArt also collects information when you visit our Website. That information may include information about your device, IP address and general physical location derived from it, nature of phone service, referring URLs, operating system, browser type, link clicks and page visits, interactions with video players, tools, and widgets.

PlaceArt uses information about you for various legitimate interests, including: helping PlaceArt to detect and prevent fraud; improve network security; provide, maintain and improve the Website; process transactions; personally communicate with you; improve your user and learning experience; improve advertising and marketing efforts; facilitate promotions; to contact users about Programs, Services or Products for which they have expressed interest; to distinguish adults from minors; and for other legitimate interests. Information about you will be maintained only as long as necessary to serve PlaceArt’s legitimate interests. If, at any time, you want to update or correct your information or would like us to restrict or discontinue using your information, you can contact us at the address provided below. Note that, in some cases, a request to restrict or discontinue the use of your information may prevent you from continuing to enjoy certain products or services.

From time to time, PlaceArt may also share some of your information with our business partners and consultants to operate and improve the Website, to process payments, transmit emails, conduct promotions, host and protect data, manage ads, offer technical and customer support, and for other legitimate interests. For example, if you opt-in to receive marketing materials or other promotional items, PlaceArt may provide your information to third parties entrusted with fulfilling those requests. You may opt out of receiving those and other emails from PlaceArt at any time through the unsubscribe or manage preference link included in such emails.

PlaceArt also discloses information when required to do so by law, or when PlaceArt in good faith believes such action is necessary to protect the property or rights of PlaceArt, third parties or the public at large.

b. Use of "Cookies."

PlaceArt may use cookies to track the pages that users to the Site visit during their online session, for marketing and advertising purposes, to help PlaceArt improve users’ experiences, and/or to help PlaceArt understand how the Website is being used.

Users who do not wish to have cookies placed on their computers should disable cookies through their web browser settings, with the understanding that disabling cookies may diminish a user’s experience on the Website and that certain features of the Website may not function properly without the aid of cookies. Cookies are not harmful and cannot introduce viruses or extract PII.

PlaceArt may allow third party companies to set and access their own cookies. Such “third party cookies” are used to collect data about the Website’s traffic, for statistical analysis about the advertisements on the Website and to further customize and enhance a user’s experience on the Website. Third party cookies may also be used for traffic and conversion analysis and/or remarketing purposes, which may include, inter alia, promoting display ads based upon users’ past behavior, showing PlaceArt ads across the Internet and providing reporting on users’ interactions with our ad services. PlaceArt does not control third party cookies and third party cookies are not governed by this Privacy Policy, but rather are governed by the privacy policy of the third party companies.

Users may choose to opt out of or disable third party cookies. Advertisers may allow users to opt out of ads by visiting their websites and customizing the user’s ad settings.

c. Assignment of Rights.

In the event of an assignment, sale, joint venture, or other transfer of some or all of PlaceArt’s assets, you agree that PlaceArt may assign, sell, license or transfer any information that you have provided to us, and/or implement any other safeguard that may be required under the Act or Regulations.

Stripe

Payment processing services for sellers on PlaceArt are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a seller on PlaceArt, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of PlaceArt enabling payment processing services through Stripe, you agree to provide PlaceArt accurate and complete information about you and your business, and you authorize PlaceArt to share it and transaction information related to your use of the payment processing services provided by Stripe.

Severability

Each provision found in these Terms of Use shall be interpreted in such a manner as to be valid, legal and enforceable. A determination that any provision found in these Terms of Use is for any reason invalid, illegal, or unenforceable shall not affect the validity of the Terms of Use and any other provisions herein, and these Terms of Use shall be interpreted and construed as if such invalid, illegal, or unenforceable provisions were not contained herein. If the scope of any of the provisions found in these Terms of Use is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of these Terms of Use shall not thereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to law.

Choice of Law

By accessing the Website you agree that the statutes, laws, and regulations of the United States and the State of Florida, USA, without regard to conflicts of law principles, will apply to all matters relating to use of the Website, and you agree that any litigation shall be subject to the exclusive jurisdiction of the State or Federal Courts in Miami-Dade County, Florida.

Foreign Access

The Website is controlled and operated in whole or in part by PlaceArt in the United States. PlaceArt makes no representation that the content in the Website is appropriate or available for use in other locations, and access to it from territories where the content may be illegal is prohibited.

Termination of Access

PlaceArt reserves the right in its sole discretion to refuse or terminate access to the Website by you at any time.

Modifications

PlaceArt reserves the right to change the Website, these Terms of Use, and any other policies or conditions. Please review this page periodically for any updates or changes. These Terms of Use apply to all visits to the Website, both now and in the future. Your continued access of the Website shall be deemed your notification and acceptance of these changes.

Questions regarding these Terms of Use should be directed to [email protected]

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